CONFLICTING EVIDENCE

Sun (Auckland), Volume III, Issue 764, 10 September 1929, Page 16

CONFLICTING EVIDENCE

HARBOURMASTER CLAIMS DAMAGES COLLISION AT OTAHUHU Becision was reserved by Mr. F. H. Levien, S.M., at the Otahuhu Court yesterday, when Captain PI. Sergeant (Mr. Armstead), harbourmaster for the Auckland Harbour Board, sued Mr. J. C. F. Paine (Mr. Wood), motor engineer, of OtahuhLi, for £l4 18s 9d damage to motor-car, £ 6 for loss of use of car, and £lO for depreciation, as the result of a collision on Massey Road on April 6. Captain Sergeant said he was driving his car along Massey Road toward Otahuhu on April 6. His wife and daughter were in the front seat, and there were three children in the dickey seat. There was no traffic whatever on the road. He was travelling on his correct side at between 20 and 25 miles an hour, when Paine’s car, coming out of a right-of-way at the side of the Mangere Public Hall, at about 30 miles an hour, crashed into him. Mrs. Sergeant and Miss Alison Sergeant gave similar evidence. The defence was practically a denial of the earlier evidence. Mr. Wood said it was not likely that any sane man would come out of a passage at the speed alleged. Mr. Paine stated that he had glanced up the road, but could see no traffic within 200yds. He did not see the other car until a moment before the smash. He applied his brakes at once. His speed was not more than about 15 miles an hour.